CGV

General conditions for the sale of Implanted Embryos - Haras de Hus - Online sale from December 19 to 21, 2021

1.The Haras de Hus Embryos Online Auction is organised by société Balsan Enchères – zone d’activités du Coutier – 789 rue du Coutier – 72400 Cherré-au (N° agrément 002-2012)

2.To participate in this auction implies that these auction conditions are explicitly acknowledged and accepted without reservations.

3. Public auctions are, in accordance with the law, carried out by the Auctioneer, responsible for OVV BALSAN ENCHERES. These general conditions of sale are applicable in all its provisions as long as they are not contrary to those established before the sale and recorded in the minutes. The seller or the buyer cannot claim the responsibility of OVV BALSAN ENCHERES.

5. Auctions are effective when payment is made. OVV BALSAN ENCHERES is in charge of the sale and reserves the right to reject bids from any bidder that does not offer a notable creditworthiness. Any bidder who has not paid their previous auction will be rejected. In accordance with the law, auctions will be indicated and taken in euros. Simultaneous translation into foreign currencies is for reference only. If it is established that two or more bidders simultaneously held an equivalent bid at the same time on the same horse, either out loud or by signal, and that they claim this horse at the same time after the auction award, said horse will be auctioned immediately at the price of the last auction and all those present public may bid again. The horse will be awarded to the highest and last bidder.

6.Bids and payments are made in EURO. The auction proceeds according to the following bidding steps:

From500 euros -20,000 euros per € 500

From 20,000 -50,000 euros per € 1000

From 50,000 euros -100,000 euros per € 2000

From 100,000 euros per € 5000, -

7.The website will state an indicative closing time of the auction per specific lot. If, however, a bid is made in the last 5 minutes before the time of a lot, the auction time for that specific lot will be automatically extended by 5 minutes. The extended time will become the new indicative closing time.

8.In addition to the allotment price, the buyer will pay the seller a percentage of 10% (excluding VAT) of the allotment price by way of auction fee. The OVV BALSAN ENCHERES will give the buyer an auction slip, the amount of which must be quickly paid to the account of the OVV BALSAN ENCHERES, and in all cases before the horse is delivered to the buyer.

9.In the auction a horse is sold to the highest bidder. The settlement of the sales price by buyer is calculated as follows: the allotment price + 10% of such allotment price as buyer’s auction fees = net price, to be increased with any VAT possibly due, which constitutes the total settlement amount. By making a bid, the bidder undertakes to pay the settlement amount, unless a higher bid is made thereafter.

10.The settlement amount is immediately due upon allotment. Each purchaser has the possibility of subscribing to an insurance for the embryo he has just acquired. It will therefore be advisable to get in touch with the Haras de Hus as soon as possible.

11.Any liability regarding the auctioned horses is immediately after allotment transferred to the buyer. After auctioning and payment, buyer and seller will make arrangements for the delivery in mutual consultation. The delivery must take place within 30 days after the auction. After these 30 days, the seller is allowed to charge stable fee to the buyer. The delivery of the foals will be after weaning. Weaning of the foals is in mutual consultation between seller and buyer. The legal relationship exists directly between buyer and seller, with this understanding that the seller is liable to the buyer, with explicit exclusion of the auction organisation, for any shortcoming a horse may display after the auction.

As the risks have been transferred by the sale to the buyer, the seller will only be responsible for the care of the animal (s) left in deposit at his stud while awaiting weaning.

12.The ownership of the horse is transferred to the buyer at the moment that buyer makes the payment due to the seller. A deposit of € 1500 + 10% VAT will be requested as a guarantee for the surrogate mother. The deposit will be returned to you when the surrogate mother will be returned to the Haras de Hus.

13. OVV BALSAN ENCHERES expressly reserves the right to proceed, in the legal deadline, after the auction related to the last registered number, to the resale at auction of a horse for which the buyer would prove that is unable to pay. When OVV BALSAN ENCHERES considers that the buyer does not have sufficient guarantees, OVV BALSAN ENCHERES will be authorized, in the absence of cash payment, to put the animal up for sale again in the legal deadline, after the auction related to the last number registered, without prior formal notice or legal formalities, at the risk and responsibility of the successful bidder who, by the fact of the auction, commits his financial responsibility to the seller for the costs of the first sale, as well as the sale in an express auction. In that case, BALSAN ENCHERES OVV should only pay the seller the amount of the resale in an express auction. In case of resale in an express auction, unless the seller indicates the opposite, given to the Auctioneer before resale, the possible reserve price indicated by him in advance will remain valid. In the same way and under the same conditions, if immediately after the auction the bidder is not found to sign his bond, the horse will be represented at the auction during the same auction or the next day. In this hypothesis, the responsability of OVV BALSAN ENCHERES can not in any case be requested by either the seller or the buyer that failed.

14. Every seller must present in writing the declarations, under his responsibility, to the public. OVV BALSAN ENCHERES is only responsible of the the seller's statements that will be provided to the public, but is not responsible for the accuracy and sincerity of the statements made by the seller, in particular regarding the designation of the horses , its origin and country of birth, its description, earnings, commitments, latent defects, the VAT subjugation system, etc. Therefore, the seller must inform in writing before the sale, the mistakes or omissions that appear in the catalog so that they are pointed out to the public by means of a pre-sale ad in the gallery and horses presented by him. Please note that any seller who has not provided, prior to the start of the sale, a written error correction regarding the information in the catalog, about the horses shipped by him, has approved this information and is therefore responsible of this error in its entirety.

15. All public auctions are considered to be paid in cash. Payment must be made in cash and immediately after each sale, in euros by bank card, letter of credit from a bank or bank transfer and with proof of identity. Individual checks or checks from foreign banks will not be accepted. All payments must be made through OVV BALSAN ENCHERES. The payment will include the auction price and will be increased by the auction costs. These costs, as well as the price, must be paid immediately, without waiting for the delivery of the documents, under resale in an immediate auction after the official one.

16.In case of export of a horse, the buyer will submit valid transport documents within 3 months after the auction, on forfeiture of a penal sum consisting of the VAT as yet to be charged.

17.  These conditions of sale are governed by French law. The consumer can seize at his choice, in addition to one of the jurisdictions territorially competent under the code of civil procedure, the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.

These conditions of sale are written in French. They are applicable and only have effect in this original language in which the text is written.

Any translation of these conditions of sale into a foreign language is provided for information only and does not legally bind the OVV BALSAN ENCHERES.